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HOUSTON STREET MANAGEMENT CO., pet-land-res, v. SUZANNE LA CROIX, res-tent-app

15-495. HOUSTON STREET MANAGEMENT CO., pet-land-res, v. SUZANNE LA CROIX, res-tent-app — Final judgment (Laurie L. Lau, J.) entered November 17, 2014, affirmed, with $25 costs.

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15-495. HOUSTON STREET MANAGEMENT CO., pet-land-res, v. SUZANNE LA CROIX, res-tent-app — Final judgment (Laurie L. Lau, J.) entered November 17, 2014, affirmed, with $25 costs.

We agree that landlord met its burden of establishing, by a preponderance of the evidence, that tenant did not maintain her primary residence at the subject Manhattan apartment during the relevant period prior to the May 31, 2011 expiration of her last renewal lease (see Glenbriar Co. v. Lipsman, 5 NY3d 388 [2005]). The record shows, and it was essentially undisputed, that tenant was absent from the apartment for a nine-month period through December 2010; that upon her return to New York in January 2011, she advised landlord that she would be “relocat[ing]” to a “ fully furnished rental,” at a specified Florida address (8016 Country Club Drive, Brooksfield), and sought permission to sublease the Manhattan apartment to one “David Ettinger” for a period of two years, stating that “it is possible that I may never be able to return.” It was also uncontested that tenant was absent from the apartment for a two-year period from October 2005 through September 2007, when she worked and resided in Florida (see 615 Co. v. Mikeska, 75 NY2d 987 [1990] [appropriate for court to evaluate entire history of tenancy in considering issue of primary residence]).

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